Commission Regulation (EC) No 179/98 of 23 January 1998 amending Council Regulation (EC) No 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries)

• Published date: 24 January 1998
• Subject Matter: Transport
• Official Gazette Publication: Official Journal of the European Communities, L 19, 24 January 1998

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Commission Regulation (EC) No 179/98 of 23 January 1998 amending Council Regulation (EC) No 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries)

Official Journal L 019 , 24/01/1998 P. 0035 - 0046

COMMISSION REGULATION (EC) No 179/98 of 23 January 1998 amending Council Regulation (EC) No 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3051/95 of 8 December 1995 on the safety management of roll-on/roll-off passenger (ro-ro ferries) (1), and in particular Article 9 thereof,

Whereas Regulation (EC) No 3051/95 provides that companies and Member States are to comply with the provisions of the International Safety Management Code, adopted by the International Maritime Organization (IMO) through Assembly Resolution A.741 (18) of 4 November 1993, in respect of ro-ro ferries operating to or from ports of the Member States of the Community;

Whereas with a view to ensuring uniform implementation of the International Safety Management (ISM) Code, guidelines on the implementation of the International Safety Management (ISM) Code by administrations were adopted on 23 November 1995 by the IMO by Resolution A.788 (19);

Whereas it is necessary to take account of developments a international level by introducing detailed rules concerning the issuance of interim documents and certificates and the form of the ISM documents and certificates, as well as some standards on ISM certification arrangements;

Whereas it is appropriate to ensure that the validity of certain documents and certificates already issued is not affected;

Whereas Regulation (EC) No 3051/95 should be amended accordingly;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee provided for in Article 12 of Council Directive 93/75/EEC (2), as last amended by Commission Directive 97/34/EC (3),

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 3051/95 is hereby amended as follows:

1. Article 2(d) is replaced by the following:

'(d) "Recognised organisation" means a body recognised in accordance with the provisions of Directive 94/57/EC, as amended by Commission Directive 97/58/EC (*).

(*) OJ L 274, 7. 10. 1997, p. 8.`;

2. the Annex is amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

It shall apply from 1 July 1998.

Documents of compliance and safety management certificates issued by administrations and recognized organizations before 1 July 1998 shall remain valid until their date of expiry.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 January 1998.

For the Commission

Neil KINNOCK

Member of the Commission

(1) OJ L 320, 30. 12. 1995, p. 14.

(2) OJ L 247, 5. 10. 1993, p. 19.

(3) OJ L 158, 17. 6. 1997, p. 40.

ANNEX

The Annex to Regulation (EC) No 3051/95 is hereby amended as follows:

(a) the title is replaced by the following:

'Part A

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